when both incidents are independent - acquital of one . incident would not help the accused in another incident due to self contradictory versions of accused - reasonable delay in lodging FIR is not amount to delay in FIR - previous enimty not necessary when other findings are concurret by both courts below
the defence had taken selfcontradictory stand.
First, it was asserted that Mohar Pal sustained injuries in the first incident which had occurred at
6.30 p.m. on the same evening. However, no evidence in support of that plea was forthcoming. Then, the alternative plea taken by the defence was that Mohar Pal was, in fact, injured at some
other place near Anaj Mandi and was brought in a threewheeler to the hospital. Even this plea of the accused has been held to be figment of imagination and without any evidence in support
thereof.
On the other hand, the prosecution has produced evidence in the form of human blood soiled mud from the spot near the hospital where the incident in question had occurred as stated by Bishan Singh (PW1) and Baljit Singh (PW2).
Even the fact that the accused have been acquitted in the crosscases filed with regard to the first incident which took place at 6.30 p.m. on the same evening will not take the matter any further for the appellants.
That was an independent incident whereas the finding of guilt recorded against the appellants is
concerning the incident which had taken place at 8.30 p.m. near the Government Hospital, Palwal as proved by the prosecution witnesses. In fact, the incident at 8.30 p.m. was the counter blast of the fight which had taken place between two groups at 6.30 p.m. and the previous enmity between them. The fact that there is no evidence about the previous enmity and that no
evidence is produced by the prosecution in that regard, in our view, cannot be the basis to reverse the concurrent view taken by two Courts below recording finding of guilt against the
appellants for commission of offence to assault Mohar Pal near the Government Hospital, Palwal at around 8.30 p.m. on 25th April, 1998.
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.764 OF 2009
Rohtas & Anr. … Appellants
Versus
The State of Haryana … Respondent
J U D G M E N T
A.M. Khanwilkar, J.
1. This appeal takes exception to the judgment and order
dated 13th March, 2008 passed by the High Court of Punjab and
Haryana at Chandigarh in Criminal Appeal No.241DB of 1999,
whereby the conviction and sentence awarded to the appellants
Rohtas (Accused No.1) and Surender Singh (Accused No.2) for
offences punishable under Section 302/34 of the Indian Penal
Code, 1860 (IPC) by the Trial Court came to be confirmed.
2. Initially, six accused were tried for the offence registered as
FIR No.298 on 26th April, 1998 at Police Station, City Palwal.
2
Bishan Singh (PW1) reported the matter to the police station
whose statement came to be recorded on 25th April, 1998 at
about 11.30 p.m., alleging that at about 6.30 p.m. a quarrel had
taken place between two groups. He was member of one of the
groups whereas Roop Chand (Accused No.4) was member of
another group that had assaulted his brother Ved Prakash and
nephew Anil Kumar. They had sustained injuries and were taken
to Government Hospital, Palwal by Bishan Singh (PW1), Rati
Chand (father of Anil Kumar) and Baljit Singh (PW2) for
treatment. At about 8.30 p.m., when they were standing at the
gate of Government Hospital Palwal, his brother Mohar Pal
arrived there on a motorcycle. He was told to bring money from a
commission agent at Anaj Mandi, Palwal. When Mohar Pal was
leaving towards Anaj Mandi, at a distance of about ten paces
from the gate of the hospital, all the six accused persons came
from the front side and stopped his motorcycle. Soon thereafter,
appellants Rohtas (Accused No.1) and Surender Singh (Accused
No.2) both inflicted knife blows one after the other in the
stomach of Mohar Pal. Immediately thereafter, Mohar Pal
attempted to run away by raising alarm “mar diya, mar diya”.
Billu (Accused No.5) and Rajender (Accused No.3) caught hold of
Mohar Pal and Dev Kumar (Accused No.6) gave one knife blow in
3
the abdomen of Mohar Pal. Similarly, Roop Chand (Accused
No.4) gave knife blow in the abdomen of Mohar Pal. He also gave
a knife blow on the waist of Mohar Pal as a result of which Mohar
Pal fell down. It is stated that Bishan Singh, Ravi, Ved Prakash,
Anil and Baljit Singh (PW2), who were present at the scene, ran
towards the spot and on seeing them, the accused persons ran
away. Thereafter, Mohar Pal was immediately removed to the
hospital in injured condition where he succumbed to the injuries
and was declared dead. On the basis of this FIR, the
investigation was taken over by ASI Gian Singh (PW6).
3. After completion of investigation, chargesheet was filed
against six accused persons for offence punishable under
Sections 148, 302 and 149 IPC. The trial commenced before the
Additional Sessions Judge (I), Faridabad being Sessions Case
No.40 of 1998. Both sides produced witnesses. According to the
accused persons, they were falsely implicated. Further, it is their
stand that Mohar Pal was injured in the previous incident which
had taken place at 6.30 p.m. on the same evening. He was
member of the aggressor party. During the fight which took
place, he must have sustained injuries at the hands of opposite
party. It was also the case of the accused that Mohar Pal had
4
suffered injuries at some other place near Anaj Mandi and he was
brought to the hospital in a threewheeler. In other words, the
incident did not happen near the hospital.
4. On the basis of such alternative plea, the accused persons
denied their involvement in the commission of the offence. After
completion of the trial and recording of statements of the
concerned accused persons under Section 313 of the Code of
Criminal Procedure, the Trial Court finally convicted Rohtas
(Accused No.1), Surender Singh (Accused No.2), Roop Chand
(Accused No.4) and Dev Kumar (Accused No.6) but acquitted
Rajender (Accused No.3) and Billu (Accused No.5) by giving them
benefit of doubt. The Trial Court accordingly convicted the four
accused under Section 302 read with Section 34 IPC and
sentenced them to undergo life imprisonment and to pay fine of
Rs.30,000/ each to the widow of deceased Mohar Pal, in default
to undergo further rigorous imprisonment for two years. This
decision was carried in appeal by Accused Nos. 1, 2, 4 and 6
being Criminal Appeal No.241DB of 1999 before the High Court
of Punjab and Haryana at Chandigarh. The High Court, on
reappreciation of the evidence on record, affirmed the finding of
guilt against the appellants Rohtas (Accused No.1) and Surender
5
Singh (Accused No.2) but acquitted Roop Chand (Accused No.4)
and Dev Kumar (Accused No.6) by giving them benefit of doubt.
As regards the appellants, the High Court, vide impugned
judgment, opined that the evidence on record clearly established
their involvement in the commission of the offence and causing
death of Mohar Pal by inflicting knife blow injuries to which he
eventually succumbed.
5. Resultantly, the appellants, Rohtas (Accused No.1) and
Surender Singh (Accused No.2) have assailed the finding of guilt
recorded against them by way of this appeal, arising from special
leave petition.
6. Neither the State nor the complainant had challenged the
acquittal of Rajender (Accused No.3) and Billu (Accused No.5) by
the Trial Court nor the acquittal of Roop Chand (Accused No.4)
and Dev Kumar (Accused No.6) by the High Court. Their
acquittal has become final.
7. In the present appeal, the assail is based essentially on the
argument that both the Courts below have misread or
misappreciated the evidence on record. The evidence of Bishan
Singh (PW1) and Baljit Singh (PW2) was unreliable and was an
6
attempt to falsely implicate the appellants. It is urged that the
prosecution has failed to prove the case beyond reasonable doubt
even against the appellants. According to the appellants, the real
and core facts have not been properly investigated and the
prosecution’s case is replete with several deficiencies such as :
“(i) No seizure list of clothes of deceased made by
IO;
(ii) Blood group of deceased was not ascertained,
hence no link was established between blood
found on alleged kurta and blood stained earth
with the blood of the deceased. Thus the
prosecution has totally failed to establish the
link between blood found on the seized articles
and blood of the deceased;
(iii) Prosecution though allegedly recovered the
alleged knife and sent it to FSL, but it did not
produce the said knife in the Court nor got it
exhibited, besides there were no blood stains,
hence the recovered knife cannot be connected
with this crime;
(iv) Shirt was seized as per recovery memo Ex. PB,
but Kurta was replaced while sending it to FSL;
(v) Kurta if worn by the deceased while he was
injured by knife, must have cut signs but there
was none;
(vi) No Independent Panchas (Recovery witness)
examined by the prosecution;
(vii) The IO has miserably failed to show in the
Sketch plan Ex PH as to from which place or
places, trail of blood was there as per FIR and
alleged blood recovered, since in the alleged first
attack by appellants the deceased was on motor
cycle, which he left and tried to run away by
making noise “mar diya mar diya” and thereafter
7
he was knived at least two to three times by
Roop Chand and Devi;
(viii) No Independent witness examined either for the
occurance or for the alleged Recovery and
Inquest Report;
(ix) The most important and valuable witnesses i.e.
Anil and Ved Prakash were withheld by the
prosecution, who also participated in the earlier
village incident @ 6.30 pm and got injured;
(x) Prosecution did not examine any eye witness of
the incident which occurred in the village at
about 6.30 pm on 25/04/1998, which was
shown as motive for the present incident
allegedly @ 8.30 pm.
(xi) Prosecution purposely withheld MLR of the
deceased which was proved by the defence
through DW2 and on the said MLR and injuries
sustained by Moharpal, Ved Prakash & Anil,
there was a cross case through the FIR lodged
by injured Ved Prakash u/s 323/324/506/149
r/w 148 IPC at PS Sadar, Case was tried by
Judicial Magistrate 1st Class, Palwal, and the
accused were acquitted vide judgment dated
24/01/2007;
(xii) Sketch plan Ex PH does not show as to where
motorcycle was thrown, where deceased threw
away his clothes, where the witnesses PW1,
PW2 and their Associates were standing and
from which place body of the deceased was lifted
and brought to the Hospital. Hence the
prosecution has miserably failed to connect the
place of occurrence with the commission of
offence;
(xiii) In this case FIR appears to be concocted,
fabricated and recorded and after consultations
etc. It appears that FIR was lodged only after
Inquest report where the time of death was
recorded as 11.50 AM on the dictates of PW1
and also there would have been fully disclosed
genesis of the crime, names of the assailants,
name of the weapon and names of the witnesses
8
etc, which are completely missing in the Inquest
report.
(xiv) There is the variance between the alleged FIR
and report of IO for registering case;
(xv) Nonseizure of Motor Cycle;
(xvi) Non production of Anil and Ved Prakash as
witnesses and various other irregularities and
serious lapses of the Investigation including
improper statement of IO PW6 which entitles
benefit of doubt to the appellants.”
8. According to the appellants, the Trial Court and the High
Court have completely glossed over the glaring infirmities and
foundational defects of the prosecution which were fatal, and in
any case, the appellants deserved similar benefit of doubt as
given to other accused persons by the Trial Court and then by
the High Court. The role of the other accused persons spoken
about by the prosecution witnesses is no different than that
ascribed to the appellants. Accordingly, it is urged that the
appellants be acquitted as the prosecution has failed to prove
their guilt beyond reasonable doubt, and in any case, they should
be given benefit of doubt as is given to accused Roop Chand
(Accused No.4) and Dev Kumar (Accused No.6) by the High Court.
9
9. Learned counsel for the State has adopted the reasons
recorded by the Trial Court and the High Court to distinguish the
case of the appellants Rohtas (Accused No.1) and Surender Singh
(Accused No.2), who have been named by the prosecution
witnesses, and because there is clinching evidence on record to
establish their guilt. It is urged that there is no deficiency in the
investigation nor in the evidence produced before the Court
which commended the Trial Court as well as the High Court to
record finding of guilt against the appellants. It cannot be said to
be inadequate in any manner. On the other hand, it is evident
that the accused persons took contradictory plea by first
asserting that Mohar Pal sustained injuries during the fight
between two groups in the earlier incident which had occurred at
6.30 p.m. on the same evening. Having realised that the said
plea cannot be substantiated by them, alternative plea was taken
that the incident in question did not occur near the Government
hospital and the injuries suffered by Mohar Pal were sustained at
some other place near Anaj Mandi from where he was brought in
a threewheeler to the hospital for being admitted for treatment.
However, no evidence was produced by the accused to
substantiate that fact. It is urged by the State that just because
coaccused have been acquitted, that does not warrant grant of
10
same relief to the appellants despite the clinching evidence
against them about their role and the manner of commission of
offence by them. The learned counsel for the State contended
that even if the State has not challenged the acquittal of other
accused persons, that by itself cannot be the basis to acquit the
appellants herein, for there is sufficient evidence against them
and has been produced by the prosecution to bring home their
guilt. It is thus contended that the benefit given to other accused
by the High Court cannot be the basis to give similar benefit to
the appellants.
10. It is submitted that the evidence of Bishan Singh (PW1)
and Baljit Singh (PW2), who were the eyewitnesses, cannot be
undermined, at least against the appellants before this Court. It
is well established position that the principle of falsus in uno,
falsus in omnibus has no general applicability in India and the
Court is not debarred from separating the truth from the
falsehood and accepting a part of the evidence. It is urged that
the appeal is devoid of merits and the same be dismissed.
11. We have heard Mr. Arvind Kumar, Advocate for the
appellants and Dr. Monika Gusain Advocate for the respondent
State.
11
12. It is well established position in law that this Court, while
entertaining an appeal by way of special leave under Article 136
of the Constitution of India, ordinarily, will not attempt to
reappreciate the evidence on record unless the decision of the
Trial Court or the High Court is shown to have committed a
manifest error of law or procedure or the conclusion reached by
the Courts below is, on the face of it, perverse. Merely because
another view on the same evidence is possible, that cannot be the
basis to interfere with the finding of fact recorded by the Courts
below much less concurrent finding of facts. (See Duli Chand
vs. Delhi Administration1
; Mst. Dalbir Kaur & Ors. vs. State
of Punjab2
; Ramanbhai Naranbhai Patel & Ors. vs. State of
Gujarat3
; Chandra Bihari Gautam & Ors. vs. State of Bihar4
;
and Radha Mohan Singh @ Lal Saheb & Ors. vs. State of
U.P.5
).
1
(1975) 4 SCC 649
2
(1976) 4 SCC 158
3
(JT 1999 (9) SC 319
4
JT 2002 (4) SC 62
5
JT 2006 (1) SC 428
12
13. Despite this settled position, we may venture to wade
through the evidence on record to reassure ourselves as to
whether the Trial Court and the High Court have committed
manifest error bordering on perversity or error apparent on the
face of record. As regards the role of the appellants, Rohtas
(Accused No.1) and Surender Singh (Accused No.2), the Trial
Court analysed the testimonies of eyewitnesses Bishan Singh
(PW1) and Baljit Singh (PW2) and found them to be natural and
trustworthy. The Trial Court, observed as follows :
“20. ………………… Both of them have stated that in the
incident which had taken place in the village, Anil and Ved
Parkash from their side had received injuries and that in that
connection they had brought them to General Hospital Palwal
where Mohar Pal arrived at his motor cycle at 8.30 p.m. and
that when Mohar Pal left for Anaj Mandi, Palwal for bringing
some money from some commission agent, then he was way
laid by the accused persons and then caused injuries by
means of knives. No suggestion was given to these PWs that
Mohar Pal had received injuries along with Anil and Ved
Prakash in the village. They were rather given the suggestions
that Baljit (PW2) and Mohar Pal had gone to Anaj Mandi from
the village after the incident had taken place there and both of
them had consumed liquor. They were further given the
suggestion that Mohar Pal had received injuries in the Anaj
Mandi Palwal and Baljit had brought him in a rickshaw for
being admitted in the nursing home of Dr. Lokesh which was
situated in the vicinity of General Hospital Palwal and when
Mohar Pal died then taking undue advantage of his death, this
false story was coined implicating the accused. They were
further given the suggestion that Mohar Pal had received
injuries from sharp edged railings of the kitchen garden of the
commission agent to whom he had gone. No suggestion at all
was given that Mohar Pal was rendered injured for the
incident that took place in the evening in the village. Thus, the
plea that the accused party caused injuries to Mohar Pal in
the right of private defence is absolutely baseless.
21. It is true that in the FIR No.152 dated 28/4/1998 vide Ex.
DB recorded at Police Station Sadar Palwal against the
13
complainant party, it was mentioned that Anil, Ved Prakash
and Mohar Pal were caused injuries in defence. This first
information report was lodged by Rajinder accused. However,
no reliance can be placed upon this version as the same came
into existence after the death of Mohar Pal had taken place. A
perusal of the Fir Ex. DB shows that the same came to be
recorded on the basis of rapat No.5 dated 26.1.1998 at 9 a.m.
By that time, Mohar Pal had expired and to us allegation that
he had (sic) been caused injuries in the incident of 25.4.1998
at 6.30 p.m. in the village cannot be given any credence.
Morever, it is well established that the FIR is not a substantive
evidence by itself. The same can be used only for the purpose
of contradicting or corroborating a particular versions. The
accused have not examined any witness in their defence who
could depose that Mohar Pal had been caused injuries by the
accused party in their right of private defence in the incident
that took place in the village.”
The Trial Court, further observed :
“But in the case this Judgment does not help to the accused
in any manner because there is no whisper of suggestion even
in the cross examination of Bishan Singh and Baljit Singh
PWs that Mohar Pal had been cause injuries in the incident
which took place on 25.4.1998 evening in the village.”
The Trial Court again observed :
“24. It is true that Bishan Singh (PW1) Baljit (PW2) Ratti
Chand, Ved Prakash and Anil could not case effective
resistance when Mohar Pal was assaulted by the accused
within their sight (sic). But that by itself is no ground to paint
their statements with black color. Incident after all had taken
place near General Hospital, Palwal as the investigating officer
ASI Gian Singh also lifted blood stained earth from there.
Presence of these persons there was natural as they must
have come to obtain treatment for Anil and Ved Parkash, who
had received injuries in the prior altercation that took place in
the village.
……….. In the present case, the incident appears to have
taken place all of a sudden near the hospital. It might have
lasted only 23 minutes, Bishan Singh, Baljit Singh and thus
it is not surprising that they could not effectively intervene
(sic) by chasing the accused.”
14
The High Court, on reappreciation of the evidence, once again
observed as follows :
“PW1 Bishan Singh and PW 2 Baljit Singh can be
safely relied upon about Mohar Pal having been
assaulted in the occurrence at 8.30 PM. Contention
that there was delay in FIR or that the FIR was antetimed or that the genesis of the occurrence was
suppressed, based only on the ground that in the
inquest report, number of the FIR and names of the
FIR and names of the accused were not mentioned,
has no merit. Statement of Bishan Singh PW 1 is duly
recorded in the inquest report and entire version given
by him in the FIR including presence of PW 2 Baljit
Singh finds mention therein. Reading of a part of the
statement separately recorded that he identified the
dead body of which post mortem was being done, as
statement recorded later is not justified. Testimony of
PW 1 Bishan Singh and PW 2 Baljit Singh cannot be
rejected but has to be carefully appreciated by
accepting that part which may be clearly reliable and
by not accepting the part which may not be safe to be
relied upon. Role of each accused has to be carefully
considered.
According to the version given by PWs, when
Mohar Pal had left for the Anaz Mandi on motor cycle,
he was stopped by the accused. Rohtas and Surender,
gave one knife blow each in the stomach of Mohar Pal.
We do not find any reason to reject this part of the
version with regard to Rohtas and Surender. Rohtas
and Surender are sons of Shiv Singh, who according to
the defence, were injured in the earlier incident. A
knife has been recovered from Rohtas. Opening of the
attack by Rohtas and Surender could have been easily
noticed by Bishan Singh PW1 and PW 2 Baljit Singh,
whose presence on the spot is established by prompt
lodging of the FIR. Mere fact that their names are not
mentioned in the MLR, does not create any doubt. In
the MLR, it has not been mentioned as to who brought
the injured to the hospital. The fact that the injured
was described as having died, instead of having been
injured, is not a major discrepancy. The injured died
within half an hour and immediately the police was
informed. The I.O., recorded the statement of Bishan
Singh PW 1 in the hospital itself soon after the death.
FIR was formally registered immediately at 12.45 AM
in the night and copy was received by the Magistrate
in the night itself by 4 AM. Case of the prosecution is
15
to be examined a whole and any minor discrepancy
cannot be taken in isolation. Mere fact that the said
witnesses did not intervene to save the deceased, is of
no effect. The witnesses were at some distance and
within minutes, the accused caused injuries to the
deceased. The witnesses had, thus, no opportunity to
intervene. Discrepancy of the I.O. in not recovering
the motor cycle or not showing the source of light,
does not create any suspicion about the version of the
prosecution.”
14. After perusing the evidence of Bishan Singh (PW1), we have
no hesitation in taking the view that the concurrent finding of
fact recorded by the two Courts below needs no interference.
Bishan Singh (PW1) in his examinationinchief has deposed as
follows :
“At about (sic) 8.30 p.m. on the same day I, Rati Chand and
Baljit were talking at the gate of G.H. Palwal. My brother
Mohar Pal also came there on a motor cycle. I then sent
Mohar Pal back for bringing money from a commission agent
in the Anaz Mandi, Palwal.
Mohar Pal must have crossed hardly a distance of 10
paces that the accused Rohtas, Surender, Billu, Rajender,
Roopi and Devi present in the Court came there and they
made to stop the Mohar Pal’s motor cycle. Rohtas and
Surender then gave one knife blow each on the abdomen of
Mohar Pal. Leaving his motor cycle, Mohar Pal then started
running and raised the alarm of mardiya mardiya. Billu and
Rajender then caught him and Roopi accused gave a knife
blow on his back and Devi accused gave another knife blow on
his abdomen with the result that Mohar Pal died at the spot.
When I, Rati Chand, Ved Parkash and Anil etc. started
running for saving Mohar Pal, then the accused persons ran
away.”
15. He has been extensively crossexamined but the crossexamination does not make any dent with regard to his
16
statement in the examinationinchief that Rohtas (Accused No.1)
and Surender Singh (Accused No.2) gave knife blow each on the
stomach of Mohar Pal and caused the fatal injuries. Dr. Ramesh
Leekha (PW5) has spoken about the injuries in his evidence and
the same also can be noticed from the postmortem report of
Mohar Pal that he had sustained the following injuries :
“1. Incised wound 3 x 0.25 cm, 8 cm above and lateral
to umbilicus. On the opening of the abdomen, the
middle log of liver was found cut badly with huge
quantity of blood in the abdominal cavity. Superficial
and deep facie with omentum and peritoneum was cut
through and through.
2. Incised wound 2.5 x 0.5 cm which was 2 cm above
and lateral to umbilicus underlying superficial and
deep facia and omentum was cut on the left side of the
abdomen.
3. Reddish abrasion 8 cm long and linear in shape and
8 cm above and lateral to the left side of umbilicus.
4. Incised wound 1 x 0.5 cm n the left supra scapular
region underlying muscles were cut with no injury to
lung or pleura.”
XXX XXX XXX
VIREMARKS BY MEDICAL OFFICER
In my opinion the cause of death in this case in
shock and haemorrhage (sic) as a result of injuries
sustained by the deceased, particularly No.1 which
alone in sufficient to cause death in an ordinary
course of nature. All injuries are ante mortem in
nature.”
16. Suffice it to observe that the crossexamination of Bishan
Singh (PW1) does not take the matter any further for the
17
appellants, as is rightly held by the two Courts below. Same is
the position with regard to the evidence of Baljit Singh (PW2).
Even he has plainly mentioned about the manner in which
Mohar Pal was stopped by all the accused persons when he was
riding his motorcycle and immediately thereafter Rohtas (Accused
No.1) and Surender Singh (Accused No.2) inflicted knife blows on
his stomach one after the other. The fact that similar role has
been ascribed to Roop Chand (Accused No.4) and Dev Kumar
(Accused No.6) but the High Court acquitted them by giving
benefit of doubt cannot be the basis to undermine the quality of
evidence which has already come on record. We are not dilating
on the correctness of the view so taken by the High Court qua
those accused as neither the State nor the complainant has
assailed the finding recorded by the High Court in that regard.
That does not mean that a wrong relief given to coaccused
should also be given to the appellants against whom clinching
evidence has come on record about the manner in which the
offence was committed by them.
17. Reverting to the exposition of this Court in State of U.P. vs.
Moti Ram & Ors.6
, it turns on the facts of that case. That case
6
(1990) 4 SCC 389
18
was an appeal against acquittal and the quality of evidence was
not reassuring and warranting a finding of guilt against the
acquitted accused. Even in the case of Balaka Singh & Ors. vs.
The State of Punjab7
, this Court was dealing with evidence
against the appellants and four accused named along with the
appellants therein, which was so inextricably mixed up that it
was not possible to separate one from the other.
18. In the present case, however, the evidence of Bishan Singh
(PW1) and Baljit Singh (PW2), who are the eye witnesses, has
mentioned about the events as unfolded. First, all the accused
persons obstructed Mohar Pal who was riding a motorcycle.
Immediately after he was stopped, both the appellants inflicted
knife blows on the stomach of Mohar Pal one after the other.
This role of the appellants is distinct. Thereafter Mohar Pal
attempted to flee away from the spot when he was stopped by the
other accused persons and two of them inflicted knife blows one
after the other. The events, therefore, can be segregated.
19. So far as the second event is concerned, the Trial Court and
the High Court gave benefit of doubt to the concerned accused.
7
(1975) 4 SCC 511
19
In that sense, the appellants are not concerned with that part of
the event. As aforementioned, even if we do not agree with the
approach of the High Court in absolving Accused Nos.4 and 6, we
refrain from dilating on the said approach of the High Court as
neither the State nor the complainant has assailed the acquittal
of those accused. In any case, wrong benefit given to those
accused cannot enure to the advantage of the appellants against
whom clear, truthful and unassailable evidence is forthcoming.
For, neither the presence of Bishan Singh (PW1) and Baljit Singh
(PW2) can be doubted nor their evidence can be discarded on the
specious ground that they are related to the deceased Mohar Pal,
and are therefore interested witnesses.
20. Indubitably, just because the witnesses are related cannot
be the basis to discard their evidence, if it is otherwise natural
and truthful. Their evidence has commended to the Trial Court
as well as the High Court as truthful and we see no reason to
deviate from that concurrent view taken by the Courts below. It
is the duty of the Court to separate the grain from the chaff and
then to arrive at a finding of guilt of an accused or otherwise,
notwithstanding the fact that evidence is found to be deficient
qua another accused named in the same offence. The maxim
20
falsus in uno, falsus in omnibus has not received general
acceptance in India nor has this maxim come to occupy the
status of rule of law. This has been restated in Rizan & Anr. vs.
State of Chhattisgarh8
. In paragraph 12 of the said decision,
the Court observed, thus :
“12. Stress was laid by the accusedappellants on the
nonacceptance of evidence tendered by some witnesses
to contend about desirability to throw out the entire
prosecution case. In essence, prayer is to apply the
principle of falsus in uno falsus in omnibus (false in one
thing, false in everything). This plea is clearly untenable.
Even if a major portion of evidence is found to be
deficient, in case residue is sufficient to prove guilt of an
accused, notwithstanding acquittal of a number of other
coaccused persons his conviction can be maintained. It
is the duty of the court to separate the grain from the
chaff. Where the chaff can be separated from the grain, it
would be open to the court to convict an accused
notwithstanding the fact that evidence has been found to
be deficient to prove guilt of other accused persons.
Falsity of a particular material witness or material
particular would not ruin it from the beginning to end.
The maxim falsus in uno falsus in omnibus has no
application in India and the witnesses cannot be
branded as liars. The maxim falsus in uno falsus in
omnibus has not received general acceptance nor has
this maxim come to occupy the status of a rule of
law. It is merely a rule of caution. All that it amounts
to, is that in such cases testimony may be
disregarded, and not that it must be disregarded. The
doctrine merely involves the question of weight of
evidence which a court may apply in a given set of
circumstances, but it is not what may be called “a
mandatory rule of evidence”. (See Nisar Ali v. State
of U.P.) Merely because some of the accused persons
have been acquitted, though evidence against all of
them, so far as direct testimony went, was the same
does not lead as a necessary corollary that those who
8
(2003) 2 SCC 661
21
have been convicted must also be acquitted. It is
always open to a court to differentiate accused who had
been acquitted from those who were convicted. (See
Gurcharan Singh v. State of Punjab.) The doctrine is a
dangerous one, specially in India for if a whole body of
the testimony were to be rejected, because a witness was
evidently speaking an untruth in some aspect, it is to be
feared that administration of criminal justice would come
to a deadstop. Witnesses just cannot help in giving
embroidery to a story, however true in the main.
Therefore, it has to be appraised in each case as to what
extent the evidence is worthy of acceptance, and merely
because in some respects the court considers the same to
be insufficient for placing reliance on the testimony of a
witness, it does not necessarily follow as a matter of law
that it must be disregarded in all respects as well. The
evidence has to be sifted with care. The aforesaid dictum
is not a sound rule for the reason that one hardly comes
across a witness whose evidence does not contain a grain
of untruth or at any rate exaggeration, embroideries or
embellishment. (See Sohrab v. State of M.P. and Ugar
Ahir v. State of Bihar.) An attempt has to be made to, as
noted above, in terms of the felicitous metaphor, separate
the grain from the chaff, truth from falsehood. Where it is
not feasible to separate truth from falsehood, because the
grain and the chaff are inextricably mixed up, and in the
process of separation an absolutely new case has to be
reconstructed by divorcing essential details presented by
the prosecution completely from the context and the
background against which they are made, the only
available course to be made is to discard the evidence in
toto. (See Zwinglee Ariel v. State of M.P. and Balaka Singh
v. State of Punjab.
) As observed by this Court in State of
Rajasthan v. Kalki normal discrepancies in evidence are
those which are due to normal errors of observation,
normal errors of memory due to lapse of time, due to
mental disposition such as shock and horror at the time
of occurrence and those are always there, however
honest and truthful a witness may be. Material
discrepancies are those which are not normal, and not
expected of a normal person. Courts have to label the
category into which a discrepancy may be categorized.
While normal discrepancies do not corrode the credibility
of a party’s case, material discrepancies do so. These
aspects were highlighted recently in Krishna Mochi v.
State of Bihar and Gangadhar Behera v. State of Orissa.
Accusations have been clearly established against the
accusedappellants in the case at hand. The courts below
have categorically indicated the distinguishing features in
22
evidence so far as the acquitted and convicted accused
are concerned.”
(emphasis supplied)
21. In another decision of this Court in State of Uttar Pradesh
vs. Ram Kumar & Ors.9
, it is held that minor discrepancies in
the statement of witnesses of trivial nature cannot be a ground to
reject evidence as a whole. The Court relied upon the exposition
of Brahm Swaroop & Anr. vs. State of Uttar Pradesh10. In
paragraph 32 of the said decision, the Court observed, thus :
“32. It is a settled legal proposition that while
appreciating the evidence of a witness, minor
discrepancies on trivial matters, which do not affect the
core of the prosecution’s case, may not prompt the court
to reject the evidence in its entirety. “Irrelevant details
which do not in any way corrode the credibility of a
witness cannot be labelled as omissions or
contradictions.” Difference in some minor details, which
does not otherwise affect the core of the prosecution
case, even if present, would not itself prompt the court to
reject the evidence on minor variations and
discrepancies. After exercising care and caution and
sifting through the evidence to separate truth from
untruth, exaggeration and improvements, the court
comes to a conclusion as to whether the residuary
evidence is sufficient to convict the accused. Thus, an
undue importance should not be attached to omissions,
contradictions and discrepancies which do not go to the
heart of the matter and shake the basic version of the
prosecution witness. As the mental capabilities of a
human being cannot be expected to be attuned to absorb
all the details, minor discrepancies are bound to occur in
the statements of witnesses. (See State of U.P. v. M.K.
Anthony, State of Rajasthan v. Om Prakash, State v.
Saravanan and Prithu v. State of H.P.)”
9
(2017) 14 SCC 614
10 (2011) 6 SCC 288
23
22. The socalled deficiencies pointed out by the appellants in
the investigation or the prosecution case, in our opinion, are
insignificant and trivial and cannot be the basis to reject the
whole evidence of Bishan Singh (PW1) and Baljit Singh (PW2)
which is corroborated by the other evidence in the form of
medical reports and recovery of human blood stained soil from
the spot near the hospital where Mohar Pal was assaulted by the
accused. The fact that the blood group of the human blood
stained soil cannot be ascertained, can be no basis to discard
that piece of evidence. Even the recovery of weapon used by
Rohtas (Accused No.1) during the commission of the offence
reinforces the role and involvement of the appellants in the
commission of the crime. The quality substantive evidence on
record clearly establishes the guilt of the appellants.
23. In a recent decision in Dilawar Singh & Ors. vs. State of
Haryana11, the Court restated that while analysing the evidence
of eye witnesses, it must be borne in mind that there is bound to
be variations and difference in the behaviour of the witnesses or
their reactions from situation to situation and individual to
individual. There cannot be uniformity in the reaction of
11 (2015) 1 SCC 737
24
witnesses. The Court must not decipher the evidence on
unrealistic basis. There can be no hard and fast rule about the
uniformity in human reaction. The difference in the statements
of the prosecution witnesses about the conditions of Mohar Pal
when he was admitted in the hospital, therefore, does not take
the matter any further especially when the medical reports
clearly indicate that he was admitted in the hospital in semiconscious state and was declared dead by the doctor only
thereafter.
24. As regards, the delay in registration of FIR, that aspect has
also been considered by the Trial Court and the finding recorded
by the Trial Court rejecting that defence plea found favour with
the High Court. We see no reason to deviate from the conclusion
so recorded that there was no delay in registration of FIR in the
facts of the present case. The significance of registration of FIR
without loss of time need not be underscored. This Court in
State of Andhra Pradesh vs. M. Madhusudhan Rao12, while
dealing with similar arguments, observed in paragraph 30 as
follows :
12 (2008) 15 SCC 582
25
“30. Time and again, the object and importance of
prompt lodging of the first information report has been
highlighted. Delay in lodging the first information report,
more often than not, results in embellishment and
exaggeration, which is a creature of an afterthought. A
delayed report not only gets bereft of the advantage of
spontaneity, the danger of the introduction of a coloured
version, an exaggerated account of the incident or a
concocted story as a result of deliberations and
consultations, also creeps in, casting a serious doubt on
its veracity. Therefore, it is essential that the delay in
lodging the report should be satisfactorily explained.”
25. In the present case, there has been no delay as is evident
from the contemporaneous record. Mohar Pal was admitted in
hospital immediately after the incident and was examined by Dr.
Ramesh. Mohar Pal was declared dead at 11.00 p.m. The City
Police Station was informed by the doctor at 11.30 p.m.
Thereafter, Bishan Singh (PW1) complained to ASI Gian Singh
(PW5) near hospital building and finally the FIR was registered
at 0015 hrs. on the night between 25th and 26th April, 1998. In
Kishan Singh (Dead) Through LRs vs. Gurpal Singh & Ors.13
,
This Court had observed as follows :
“22. In cases where there is a delay in lodging an FIR, the
court has to look for a plausible explanation for such
delay. In the absence of such an explanation, the delay
may be fatal. The reason for quashing such proceedings
may not be merely that the allegations were an
afterthought or had given a coloured version of events. In
such cases the court should carefully examine the facts
before it for the reason that a frustrated litigant who
failed to succeed before the civil court may initiate
criminal proceedings just to harass the other side with
13 (2010) 8 SCC 775
26
mala fide intentions or the ulterior motive of wreaking
vengeance on the other party. Chagrined and frustrated
litigants should not be permitted to give vent to their
frustrations by cheaply invoking the jurisdiction of the
criminal court. The court proceedings ought not to be
permitted to degenerate into a weapon of harassment
and persecution. In such a case, where an FIR is lodged
clearly with a view to spite the other party because of a
private and personal grudge and to enmesh the other
party in long and arduous criminal proceedings, the
court may take a view that it amounts to an abuse of the
process of law in the facts and circumstances of the case.
(Vide Chandrapal Singh v. Maharaj Singh; State of
Haryana v. Bhajan Lal; G. Sagar Suri v. State of U.P.; and
Gorige Pentaiah v. State of A.P.)”
26. In view of the above, we have no hesitation in upholding the
view taken by the Trial Court that there was no delay in
registration of the FIR in the fact situation of the present case.
27. We are also in agreement with the view taken by the Trial
Court and affirmed by the High Court that the defence had taken
selfcontradictory stand. First, it was asserted that Mohar Pal
sustained injuries in the first incident which had occurred at
6.30 p.m. on the same evening. However, no evidence in support
of that plea was forthcoming. Then, the alternative plea taken by
the defence was that Mohar Pal was, in fact, injured at some
other place near Anaj Mandi and was brought in a threewheeler
to the hospital. Even this plea of the accused has been held to be
figment of imagination and without any evidence in support
thereof. On the other hand, the prosecution has produced
27
evidence in the form of human blood soiled mud from the spot
near the hospital where the incident in question had occurred as
stated by Bishan Singh (PW1) and Baljit Singh (PW2).
28. Even the fact that the accused have been acquitted in the
crosscases filed with regard to the first incident which took place
at 6.30 p.m. on the same evening will not take the matter any
further for the appellants. That was an independent incident
whereas the finding of guilt recorded against the appellants is
concerning the incident which had taken place at 8.30 p.m. near
the Government Hospital, Palwal as proved by the prosecution
witnesses. In fact, the incident at 8.30 p.m. was the counter
blast of the fight which had taken place between two groups at
6.30 p.m. and the previous enmity between them. The fact that
there is no evidence about the previous enmity and that no
evidence is produced by the prosecution in that regard, in our
view, cannot be the basis to reverse the concurrent view taken by
two Courts below recording finding of guilt against the
appellants for commission of offence to assault Mohar Pal near
the Government Hospital, Palwal at around 8.30 p.m. on 25th
April, 1998.
28
29. Taking any view of the matter, therefore, no interference is
warranted in this appeal and we are disposed to dismiss the
same. Accordingly, this appeal is dismissed. The bail bonds of
the appellants stand cancelled. The appellants shall surrender
within four weeks from today failing which, the local police
station must take necessary action against the appellants in
accordance with law.
………………………..,…..J.
(A.M. Khanwilkar)
………………………..,…..J.
(Dinesh Maheshwari)
New Delhi;
November 5, 2019
the defence had taken selfcontradictory stand.
First, it was asserted that Mohar Pal sustained injuries in the first incident which had occurred at
6.30 p.m. on the same evening. However, no evidence in support of that plea was forthcoming. Then, the alternative plea taken by the defence was that Mohar Pal was, in fact, injured at some
other place near Anaj Mandi and was brought in a threewheeler to the hospital. Even this plea of the accused has been held to be figment of imagination and without any evidence in support
thereof.
On the other hand, the prosecution has produced evidence in the form of human blood soiled mud from the spot near the hospital where the incident in question had occurred as stated by Bishan Singh (PW1) and Baljit Singh (PW2).
Even the fact that the accused have been acquitted in the crosscases filed with regard to the first incident which took place at 6.30 p.m. on the same evening will not take the matter any further for the appellants.
That was an independent incident whereas the finding of guilt recorded against the appellants is
concerning the incident which had taken place at 8.30 p.m. near the Government Hospital, Palwal as proved by the prosecution witnesses. In fact, the incident at 8.30 p.m. was the counter blast of the fight which had taken place between two groups at 6.30 p.m. and the previous enmity between them. The fact that there is no evidence about the previous enmity and that no
evidence is produced by the prosecution in that regard, in our view, cannot be the basis to reverse the concurrent view taken by two Courts below recording finding of guilt against the
appellants for commission of offence to assault Mohar Pal near the Government Hospital, Palwal at around 8.30 p.m. on 25th April, 1998.
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.764 OF 2009
Rohtas & Anr. … Appellants
Versus
The State of Haryana … Respondent
J U D G M E N T
A.M. Khanwilkar, J.
1. This appeal takes exception to the judgment and order
dated 13th March, 2008 passed by the High Court of Punjab and
Haryana at Chandigarh in Criminal Appeal No.241DB of 1999,
whereby the conviction and sentence awarded to the appellants
Rohtas (Accused No.1) and Surender Singh (Accused No.2) for
offences punishable under Section 302/34 of the Indian Penal
Code, 1860 (IPC) by the Trial Court came to be confirmed.
2. Initially, six accused were tried for the offence registered as
FIR No.298 on 26th April, 1998 at Police Station, City Palwal.
2
Bishan Singh (PW1) reported the matter to the police station
whose statement came to be recorded on 25th April, 1998 at
about 11.30 p.m., alleging that at about 6.30 p.m. a quarrel had
taken place between two groups. He was member of one of the
groups whereas Roop Chand (Accused No.4) was member of
another group that had assaulted his brother Ved Prakash and
nephew Anil Kumar. They had sustained injuries and were taken
to Government Hospital, Palwal by Bishan Singh (PW1), Rati
Chand (father of Anil Kumar) and Baljit Singh (PW2) for
treatment. At about 8.30 p.m., when they were standing at the
gate of Government Hospital Palwal, his brother Mohar Pal
arrived there on a motorcycle. He was told to bring money from a
commission agent at Anaj Mandi, Palwal. When Mohar Pal was
leaving towards Anaj Mandi, at a distance of about ten paces
from the gate of the hospital, all the six accused persons came
from the front side and stopped his motorcycle. Soon thereafter,
appellants Rohtas (Accused No.1) and Surender Singh (Accused
No.2) both inflicted knife blows one after the other in the
stomach of Mohar Pal. Immediately thereafter, Mohar Pal
attempted to run away by raising alarm “mar diya, mar diya”.
Billu (Accused No.5) and Rajender (Accused No.3) caught hold of
Mohar Pal and Dev Kumar (Accused No.6) gave one knife blow in
3
the abdomen of Mohar Pal. Similarly, Roop Chand (Accused
No.4) gave knife blow in the abdomen of Mohar Pal. He also gave
a knife blow on the waist of Mohar Pal as a result of which Mohar
Pal fell down. It is stated that Bishan Singh, Ravi, Ved Prakash,
Anil and Baljit Singh (PW2), who were present at the scene, ran
towards the spot and on seeing them, the accused persons ran
away. Thereafter, Mohar Pal was immediately removed to the
hospital in injured condition where he succumbed to the injuries
and was declared dead. On the basis of this FIR, the
investigation was taken over by ASI Gian Singh (PW6).
3. After completion of investigation, chargesheet was filed
against six accused persons for offence punishable under
Sections 148, 302 and 149 IPC. The trial commenced before the
Additional Sessions Judge (I), Faridabad being Sessions Case
No.40 of 1998. Both sides produced witnesses. According to the
accused persons, they were falsely implicated. Further, it is their
stand that Mohar Pal was injured in the previous incident which
had taken place at 6.30 p.m. on the same evening. He was
member of the aggressor party. During the fight which took
place, he must have sustained injuries at the hands of opposite
party. It was also the case of the accused that Mohar Pal had
4
suffered injuries at some other place near Anaj Mandi and he was
brought to the hospital in a threewheeler. In other words, the
incident did not happen near the hospital.
4. On the basis of such alternative plea, the accused persons
denied their involvement in the commission of the offence. After
completion of the trial and recording of statements of the
concerned accused persons under Section 313 of the Code of
Criminal Procedure, the Trial Court finally convicted Rohtas
(Accused No.1), Surender Singh (Accused No.2), Roop Chand
(Accused No.4) and Dev Kumar (Accused No.6) but acquitted
Rajender (Accused No.3) and Billu (Accused No.5) by giving them
benefit of doubt. The Trial Court accordingly convicted the four
accused under Section 302 read with Section 34 IPC and
sentenced them to undergo life imprisonment and to pay fine of
Rs.30,000/ each to the widow of deceased Mohar Pal, in default
to undergo further rigorous imprisonment for two years. This
decision was carried in appeal by Accused Nos. 1, 2, 4 and 6
being Criminal Appeal No.241DB of 1999 before the High Court
of Punjab and Haryana at Chandigarh. The High Court, on
reappreciation of the evidence on record, affirmed the finding of
guilt against the appellants Rohtas (Accused No.1) and Surender
5
Singh (Accused No.2) but acquitted Roop Chand (Accused No.4)
and Dev Kumar (Accused No.6) by giving them benefit of doubt.
As regards the appellants, the High Court, vide impugned
judgment, opined that the evidence on record clearly established
their involvement in the commission of the offence and causing
death of Mohar Pal by inflicting knife blow injuries to which he
eventually succumbed.
5. Resultantly, the appellants, Rohtas (Accused No.1) and
Surender Singh (Accused No.2) have assailed the finding of guilt
recorded against them by way of this appeal, arising from special
leave petition.
6. Neither the State nor the complainant had challenged the
acquittal of Rajender (Accused No.3) and Billu (Accused No.5) by
the Trial Court nor the acquittal of Roop Chand (Accused No.4)
and Dev Kumar (Accused No.6) by the High Court. Their
acquittal has become final.
7. In the present appeal, the assail is based essentially on the
argument that both the Courts below have misread or
misappreciated the evidence on record. The evidence of Bishan
Singh (PW1) and Baljit Singh (PW2) was unreliable and was an
6
attempt to falsely implicate the appellants. It is urged that the
prosecution has failed to prove the case beyond reasonable doubt
even against the appellants. According to the appellants, the real
and core facts have not been properly investigated and the
prosecution’s case is replete with several deficiencies such as :
“(i) No seizure list of clothes of deceased made by
IO;
(ii) Blood group of deceased was not ascertained,
hence no link was established between blood
found on alleged kurta and blood stained earth
with the blood of the deceased. Thus the
prosecution has totally failed to establish the
link between blood found on the seized articles
and blood of the deceased;
(iii) Prosecution though allegedly recovered the
alleged knife and sent it to FSL, but it did not
produce the said knife in the Court nor got it
exhibited, besides there were no blood stains,
hence the recovered knife cannot be connected
with this crime;
(iv) Shirt was seized as per recovery memo Ex. PB,
but Kurta was replaced while sending it to FSL;
(v) Kurta if worn by the deceased while he was
injured by knife, must have cut signs but there
was none;
(vi) No Independent Panchas (Recovery witness)
examined by the prosecution;
(vii) The IO has miserably failed to show in the
Sketch plan Ex PH as to from which place or
places, trail of blood was there as per FIR and
alleged blood recovered, since in the alleged first
attack by appellants the deceased was on motor
cycle, which he left and tried to run away by
making noise “mar diya mar diya” and thereafter
7
he was knived at least two to three times by
Roop Chand and Devi;
(viii) No Independent witness examined either for the
occurance or for the alleged Recovery and
Inquest Report;
(ix) The most important and valuable witnesses i.e.
Anil and Ved Prakash were withheld by the
prosecution, who also participated in the earlier
village incident @ 6.30 pm and got injured;
(x) Prosecution did not examine any eye witness of
the incident which occurred in the village at
about 6.30 pm on 25/04/1998, which was
shown as motive for the present incident
allegedly @ 8.30 pm.
(xi) Prosecution purposely withheld MLR of the
deceased which was proved by the defence
through DW2 and on the said MLR and injuries
sustained by Moharpal, Ved Prakash & Anil,
there was a cross case through the FIR lodged
by injured Ved Prakash u/s 323/324/506/149
r/w 148 IPC at PS Sadar, Case was tried by
Judicial Magistrate 1st Class, Palwal, and the
accused were acquitted vide judgment dated
24/01/2007;
(xii) Sketch plan Ex PH does not show as to where
motorcycle was thrown, where deceased threw
away his clothes, where the witnesses PW1,
PW2 and their Associates were standing and
from which place body of the deceased was lifted
and brought to the Hospital. Hence the
prosecution has miserably failed to connect the
place of occurrence with the commission of
offence;
(xiii) In this case FIR appears to be concocted,
fabricated and recorded and after consultations
etc. It appears that FIR was lodged only after
Inquest report where the time of death was
recorded as 11.50 AM on the dictates of PW1
and also there would have been fully disclosed
genesis of the crime, names of the assailants,
name of the weapon and names of the witnesses
8
etc, which are completely missing in the Inquest
report.
(xiv) There is the variance between the alleged FIR
and report of IO for registering case;
(xv) Nonseizure of Motor Cycle;
(xvi) Non production of Anil and Ved Prakash as
witnesses and various other irregularities and
serious lapses of the Investigation including
improper statement of IO PW6 which entitles
benefit of doubt to the appellants.”
8. According to the appellants, the Trial Court and the High
Court have completely glossed over the glaring infirmities and
foundational defects of the prosecution which were fatal, and in
any case, the appellants deserved similar benefit of doubt as
given to other accused persons by the Trial Court and then by
the High Court. The role of the other accused persons spoken
about by the prosecution witnesses is no different than that
ascribed to the appellants. Accordingly, it is urged that the
appellants be acquitted as the prosecution has failed to prove
their guilt beyond reasonable doubt, and in any case, they should
be given benefit of doubt as is given to accused Roop Chand
(Accused No.4) and Dev Kumar (Accused No.6) by the High Court.
9
9. Learned counsel for the State has adopted the reasons
recorded by the Trial Court and the High Court to distinguish the
case of the appellants Rohtas (Accused No.1) and Surender Singh
(Accused No.2), who have been named by the prosecution
witnesses, and because there is clinching evidence on record to
establish their guilt. It is urged that there is no deficiency in the
investigation nor in the evidence produced before the Court
which commended the Trial Court as well as the High Court to
record finding of guilt against the appellants. It cannot be said to
be inadequate in any manner. On the other hand, it is evident
that the accused persons took contradictory plea by first
asserting that Mohar Pal sustained injuries during the fight
between two groups in the earlier incident which had occurred at
6.30 p.m. on the same evening. Having realised that the said
plea cannot be substantiated by them, alternative plea was taken
that the incident in question did not occur near the Government
hospital and the injuries suffered by Mohar Pal were sustained at
some other place near Anaj Mandi from where he was brought in
a threewheeler to the hospital for being admitted for treatment.
However, no evidence was produced by the accused to
substantiate that fact. It is urged by the State that just because
coaccused have been acquitted, that does not warrant grant of
10
same relief to the appellants despite the clinching evidence
against them about their role and the manner of commission of
offence by them. The learned counsel for the State contended
that even if the State has not challenged the acquittal of other
accused persons, that by itself cannot be the basis to acquit the
appellants herein, for there is sufficient evidence against them
and has been produced by the prosecution to bring home their
guilt. It is thus contended that the benefit given to other accused
by the High Court cannot be the basis to give similar benefit to
the appellants.
10. It is submitted that the evidence of Bishan Singh (PW1)
and Baljit Singh (PW2), who were the eyewitnesses, cannot be
undermined, at least against the appellants before this Court. It
is well established position that the principle of falsus in uno,
falsus in omnibus has no general applicability in India and the
Court is not debarred from separating the truth from the
falsehood and accepting a part of the evidence. It is urged that
the appeal is devoid of merits and the same be dismissed.
11. We have heard Mr. Arvind Kumar, Advocate for the
appellants and Dr. Monika Gusain Advocate for the respondent
State.
11
12. It is well established position in law that this Court, while
entertaining an appeal by way of special leave under Article 136
of the Constitution of India, ordinarily, will not attempt to
reappreciate the evidence on record unless the decision of the
Trial Court or the High Court is shown to have committed a
manifest error of law or procedure or the conclusion reached by
the Courts below is, on the face of it, perverse. Merely because
another view on the same evidence is possible, that cannot be the
basis to interfere with the finding of fact recorded by the Courts
below much less concurrent finding of facts. (See Duli Chand
vs. Delhi Administration1
; Mst. Dalbir Kaur & Ors. vs. State
of Punjab2
; Ramanbhai Naranbhai Patel & Ors. vs. State of
Gujarat3
; Chandra Bihari Gautam & Ors. vs. State of Bihar4
;
and Radha Mohan Singh @ Lal Saheb & Ors. vs. State of
U.P.5
).
1
(1975) 4 SCC 649
2
(1976) 4 SCC 158
3
(JT 1999 (9) SC 319
4
JT 2002 (4) SC 62
5
JT 2006 (1) SC 428
12
13. Despite this settled position, we may venture to wade
through the evidence on record to reassure ourselves as to
whether the Trial Court and the High Court have committed
manifest error bordering on perversity or error apparent on the
face of record. As regards the role of the appellants, Rohtas
(Accused No.1) and Surender Singh (Accused No.2), the Trial
Court analysed the testimonies of eyewitnesses Bishan Singh
(PW1) and Baljit Singh (PW2) and found them to be natural and
trustworthy. The Trial Court, observed as follows :
“20. ………………… Both of them have stated that in the
incident which had taken place in the village, Anil and Ved
Parkash from their side had received injuries and that in that
connection they had brought them to General Hospital Palwal
where Mohar Pal arrived at his motor cycle at 8.30 p.m. and
that when Mohar Pal left for Anaj Mandi, Palwal for bringing
some money from some commission agent, then he was way
laid by the accused persons and then caused injuries by
means of knives. No suggestion was given to these PWs that
Mohar Pal had received injuries along with Anil and Ved
Prakash in the village. They were rather given the suggestions
that Baljit (PW2) and Mohar Pal had gone to Anaj Mandi from
the village after the incident had taken place there and both of
them had consumed liquor. They were further given the
suggestion that Mohar Pal had received injuries in the Anaj
Mandi Palwal and Baljit had brought him in a rickshaw for
being admitted in the nursing home of Dr. Lokesh which was
situated in the vicinity of General Hospital Palwal and when
Mohar Pal died then taking undue advantage of his death, this
false story was coined implicating the accused. They were
further given the suggestion that Mohar Pal had received
injuries from sharp edged railings of the kitchen garden of the
commission agent to whom he had gone. No suggestion at all
was given that Mohar Pal was rendered injured for the
incident that took place in the evening in the village. Thus, the
plea that the accused party caused injuries to Mohar Pal in
the right of private defence is absolutely baseless.
21. It is true that in the FIR No.152 dated 28/4/1998 vide Ex.
DB recorded at Police Station Sadar Palwal against the
13
complainant party, it was mentioned that Anil, Ved Prakash
and Mohar Pal were caused injuries in defence. This first
information report was lodged by Rajinder accused. However,
no reliance can be placed upon this version as the same came
into existence after the death of Mohar Pal had taken place. A
perusal of the Fir Ex. DB shows that the same came to be
recorded on the basis of rapat No.5 dated 26.1.1998 at 9 a.m.
By that time, Mohar Pal had expired and to us allegation that
he had (sic) been caused injuries in the incident of 25.4.1998
at 6.30 p.m. in the village cannot be given any credence.
Morever, it is well established that the FIR is not a substantive
evidence by itself. The same can be used only for the purpose
of contradicting or corroborating a particular versions. The
accused have not examined any witness in their defence who
could depose that Mohar Pal had been caused injuries by the
accused party in their right of private defence in the incident
that took place in the village.”
The Trial Court, further observed :
“But in the case this Judgment does not help to the accused
in any manner because there is no whisper of suggestion even
in the cross examination of Bishan Singh and Baljit Singh
PWs that Mohar Pal had been cause injuries in the incident
which took place on 25.4.1998 evening in the village.”
The Trial Court again observed :
“24. It is true that Bishan Singh (PW1) Baljit (PW2) Ratti
Chand, Ved Prakash and Anil could not case effective
resistance when Mohar Pal was assaulted by the accused
within their sight (sic). But that by itself is no ground to paint
their statements with black color. Incident after all had taken
place near General Hospital, Palwal as the investigating officer
ASI Gian Singh also lifted blood stained earth from there.
Presence of these persons there was natural as they must
have come to obtain treatment for Anil and Ved Parkash, who
had received injuries in the prior altercation that took place in
the village.
……….. In the present case, the incident appears to have
taken place all of a sudden near the hospital. It might have
lasted only 23 minutes, Bishan Singh, Baljit Singh and thus
it is not surprising that they could not effectively intervene
(sic) by chasing the accused.”
14
The High Court, on reappreciation of the evidence, once again
observed as follows :
“PW1 Bishan Singh and PW 2 Baljit Singh can be
safely relied upon about Mohar Pal having been
assaulted in the occurrence at 8.30 PM. Contention
that there was delay in FIR or that the FIR was antetimed or that the genesis of the occurrence was
suppressed, based only on the ground that in the
inquest report, number of the FIR and names of the
FIR and names of the accused were not mentioned,
has no merit. Statement of Bishan Singh PW 1 is duly
recorded in the inquest report and entire version given
by him in the FIR including presence of PW 2 Baljit
Singh finds mention therein. Reading of a part of the
statement separately recorded that he identified the
dead body of which post mortem was being done, as
statement recorded later is not justified. Testimony of
PW 1 Bishan Singh and PW 2 Baljit Singh cannot be
rejected but has to be carefully appreciated by
accepting that part which may be clearly reliable and
by not accepting the part which may not be safe to be
relied upon. Role of each accused has to be carefully
considered.
According to the version given by PWs, when
Mohar Pal had left for the Anaz Mandi on motor cycle,
he was stopped by the accused. Rohtas and Surender,
gave one knife blow each in the stomach of Mohar Pal.
We do not find any reason to reject this part of the
version with regard to Rohtas and Surender. Rohtas
and Surender are sons of Shiv Singh, who according to
the defence, were injured in the earlier incident. A
knife has been recovered from Rohtas. Opening of the
attack by Rohtas and Surender could have been easily
noticed by Bishan Singh PW1 and PW 2 Baljit Singh,
whose presence on the spot is established by prompt
lodging of the FIR. Mere fact that their names are not
mentioned in the MLR, does not create any doubt. In
the MLR, it has not been mentioned as to who brought
the injured to the hospital. The fact that the injured
was described as having died, instead of having been
injured, is not a major discrepancy. The injured died
within half an hour and immediately the police was
informed. The I.O., recorded the statement of Bishan
Singh PW 1 in the hospital itself soon after the death.
FIR was formally registered immediately at 12.45 AM
in the night and copy was received by the Magistrate
in the night itself by 4 AM. Case of the prosecution is
15
to be examined a whole and any minor discrepancy
cannot be taken in isolation. Mere fact that the said
witnesses did not intervene to save the deceased, is of
no effect. The witnesses were at some distance and
within minutes, the accused caused injuries to the
deceased. The witnesses had, thus, no opportunity to
intervene. Discrepancy of the I.O. in not recovering
the motor cycle or not showing the source of light,
does not create any suspicion about the version of the
prosecution.”
14. After perusing the evidence of Bishan Singh (PW1), we have
no hesitation in taking the view that the concurrent finding of
fact recorded by the two Courts below needs no interference.
Bishan Singh (PW1) in his examinationinchief has deposed as
follows :
“At about (sic) 8.30 p.m. on the same day I, Rati Chand and
Baljit were talking at the gate of G.H. Palwal. My brother
Mohar Pal also came there on a motor cycle. I then sent
Mohar Pal back for bringing money from a commission agent
in the Anaz Mandi, Palwal.
Mohar Pal must have crossed hardly a distance of 10
paces that the accused Rohtas, Surender, Billu, Rajender,
Roopi and Devi present in the Court came there and they
made to stop the Mohar Pal’s motor cycle. Rohtas and
Surender then gave one knife blow each on the abdomen of
Mohar Pal. Leaving his motor cycle, Mohar Pal then started
running and raised the alarm of mardiya mardiya. Billu and
Rajender then caught him and Roopi accused gave a knife
blow on his back and Devi accused gave another knife blow on
his abdomen with the result that Mohar Pal died at the spot.
When I, Rati Chand, Ved Parkash and Anil etc. started
running for saving Mohar Pal, then the accused persons ran
away.”
15. He has been extensively crossexamined but the crossexamination does not make any dent with regard to his
16
statement in the examinationinchief that Rohtas (Accused No.1)
and Surender Singh (Accused No.2) gave knife blow each on the
stomach of Mohar Pal and caused the fatal injuries. Dr. Ramesh
Leekha (PW5) has spoken about the injuries in his evidence and
the same also can be noticed from the postmortem report of
Mohar Pal that he had sustained the following injuries :
“1. Incised wound 3 x 0.25 cm, 8 cm above and lateral
to umbilicus. On the opening of the abdomen, the
middle log of liver was found cut badly with huge
quantity of blood in the abdominal cavity. Superficial
and deep facie with omentum and peritoneum was cut
through and through.
2. Incised wound 2.5 x 0.5 cm which was 2 cm above
and lateral to umbilicus underlying superficial and
deep facia and omentum was cut on the left side of the
abdomen.
3. Reddish abrasion 8 cm long and linear in shape and
8 cm above and lateral to the left side of umbilicus.
4. Incised wound 1 x 0.5 cm n the left supra scapular
region underlying muscles were cut with no injury to
lung or pleura.”
XXX XXX XXX
VIREMARKS BY MEDICAL OFFICER
In my opinion the cause of death in this case in
shock and haemorrhage (sic) as a result of injuries
sustained by the deceased, particularly No.1 which
alone in sufficient to cause death in an ordinary
course of nature. All injuries are ante mortem in
nature.”
16. Suffice it to observe that the crossexamination of Bishan
Singh (PW1) does not take the matter any further for the
17
appellants, as is rightly held by the two Courts below. Same is
the position with regard to the evidence of Baljit Singh (PW2).
Even he has plainly mentioned about the manner in which
Mohar Pal was stopped by all the accused persons when he was
riding his motorcycle and immediately thereafter Rohtas (Accused
No.1) and Surender Singh (Accused No.2) inflicted knife blows on
his stomach one after the other. The fact that similar role has
been ascribed to Roop Chand (Accused No.4) and Dev Kumar
(Accused No.6) but the High Court acquitted them by giving
benefit of doubt cannot be the basis to undermine the quality of
evidence which has already come on record. We are not dilating
on the correctness of the view so taken by the High Court qua
those accused as neither the State nor the complainant has
assailed the finding recorded by the High Court in that regard.
That does not mean that a wrong relief given to coaccused
should also be given to the appellants against whom clinching
evidence has come on record about the manner in which the
offence was committed by them.
17. Reverting to the exposition of this Court in State of U.P. vs.
Moti Ram & Ors.6
, it turns on the facts of that case. That case
6
(1990) 4 SCC 389
18
was an appeal against acquittal and the quality of evidence was
not reassuring and warranting a finding of guilt against the
acquitted accused. Even in the case of Balaka Singh & Ors. vs.
The State of Punjab7
, this Court was dealing with evidence
against the appellants and four accused named along with the
appellants therein, which was so inextricably mixed up that it
was not possible to separate one from the other.
18. In the present case, however, the evidence of Bishan Singh
(PW1) and Baljit Singh (PW2), who are the eye witnesses, has
mentioned about the events as unfolded. First, all the accused
persons obstructed Mohar Pal who was riding a motorcycle.
Immediately after he was stopped, both the appellants inflicted
knife blows on the stomach of Mohar Pal one after the other.
This role of the appellants is distinct. Thereafter Mohar Pal
attempted to flee away from the spot when he was stopped by the
other accused persons and two of them inflicted knife blows one
after the other. The events, therefore, can be segregated.
19. So far as the second event is concerned, the Trial Court and
the High Court gave benefit of doubt to the concerned accused.
7
(1975) 4 SCC 511
19
In that sense, the appellants are not concerned with that part of
the event. As aforementioned, even if we do not agree with the
approach of the High Court in absolving Accused Nos.4 and 6, we
refrain from dilating on the said approach of the High Court as
neither the State nor the complainant has assailed the acquittal
of those accused. In any case, wrong benefit given to those
accused cannot enure to the advantage of the appellants against
whom clear, truthful and unassailable evidence is forthcoming.
For, neither the presence of Bishan Singh (PW1) and Baljit Singh
(PW2) can be doubted nor their evidence can be discarded on the
specious ground that they are related to the deceased Mohar Pal,
and are therefore interested witnesses.
20. Indubitably, just because the witnesses are related cannot
be the basis to discard their evidence, if it is otherwise natural
and truthful. Their evidence has commended to the Trial Court
as well as the High Court as truthful and we see no reason to
deviate from that concurrent view taken by the Courts below. It
is the duty of the Court to separate the grain from the chaff and
then to arrive at a finding of guilt of an accused or otherwise,
notwithstanding the fact that evidence is found to be deficient
qua another accused named in the same offence. The maxim
20
falsus in uno, falsus in omnibus has not received general
acceptance in India nor has this maxim come to occupy the
status of rule of law. This has been restated in Rizan & Anr. vs.
State of Chhattisgarh8
. In paragraph 12 of the said decision,
the Court observed, thus :
“12. Stress was laid by the accusedappellants on the
nonacceptance of evidence tendered by some witnesses
to contend about desirability to throw out the entire
prosecution case. In essence, prayer is to apply the
principle of falsus in uno falsus in omnibus (false in one
thing, false in everything). This plea is clearly untenable.
Even if a major portion of evidence is found to be
deficient, in case residue is sufficient to prove guilt of an
accused, notwithstanding acquittal of a number of other
coaccused persons his conviction can be maintained. It
is the duty of the court to separate the grain from the
chaff. Where the chaff can be separated from the grain, it
would be open to the court to convict an accused
notwithstanding the fact that evidence has been found to
be deficient to prove guilt of other accused persons.
Falsity of a particular material witness or material
particular would not ruin it from the beginning to end.
The maxim falsus in uno falsus in omnibus has no
application in India and the witnesses cannot be
branded as liars. The maxim falsus in uno falsus in
omnibus has not received general acceptance nor has
this maxim come to occupy the status of a rule of
law. It is merely a rule of caution. All that it amounts
to, is that in such cases testimony may be
disregarded, and not that it must be disregarded. The
doctrine merely involves the question of weight of
evidence which a court may apply in a given set of
circumstances, but it is not what may be called “a
mandatory rule of evidence”. (See Nisar Ali v. State
of U.P.) Merely because some of the accused persons
have been acquitted, though evidence against all of
them, so far as direct testimony went, was the same
does not lead as a necessary corollary that those who
8
(2003) 2 SCC 661
21
have been convicted must also be acquitted. It is
always open to a court to differentiate accused who had
been acquitted from those who were convicted. (See
Gurcharan Singh v. State of Punjab.) The doctrine is a
dangerous one, specially in India for if a whole body of
the testimony were to be rejected, because a witness was
evidently speaking an untruth in some aspect, it is to be
feared that administration of criminal justice would come
to a deadstop. Witnesses just cannot help in giving
embroidery to a story, however true in the main.
Therefore, it has to be appraised in each case as to what
extent the evidence is worthy of acceptance, and merely
because in some respects the court considers the same to
be insufficient for placing reliance on the testimony of a
witness, it does not necessarily follow as a matter of law
that it must be disregarded in all respects as well. The
evidence has to be sifted with care. The aforesaid dictum
is not a sound rule for the reason that one hardly comes
across a witness whose evidence does not contain a grain
of untruth or at any rate exaggeration, embroideries or
embellishment. (See Sohrab v. State of M.P. and Ugar
Ahir v. State of Bihar.) An attempt has to be made to, as
noted above, in terms of the felicitous metaphor, separate
the grain from the chaff, truth from falsehood. Where it is
not feasible to separate truth from falsehood, because the
grain and the chaff are inextricably mixed up, and in the
process of separation an absolutely new case has to be
reconstructed by divorcing essential details presented by
the prosecution completely from the context and the
background against which they are made, the only
available course to be made is to discard the evidence in
toto. (See Zwinglee Ariel v. State of M.P. and Balaka Singh
v. State of Punjab.
) As observed by this Court in State of
Rajasthan v. Kalki normal discrepancies in evidence are
those which are due to normal errors of observation,
normal errors of memory due to lapse of time, due to
mental disposition such as shock and horror at the time
of occurrence and those are always there, however
honest and truthful a witness may be. Material
discrepancies are those which are not normal, and not
expected of a normal person. Courts have to label the
category into which a discrepancy may be categorized.
While normal discrepancies do not corrode the credibility
of a party’s case, material discrepancies do so. These
aspects were highlighted recently in Krishna Mochi v.
State of Bihar and Gangadhar Behera v. State of Orissa.
Accusations have been clearly established against the
accusedappellants in the case at hand. The courts below
have categorically indicated the distinguishing features in
22
evidence so far as the acquitted and convicted accused
are concerned.”
(emphasis supplied)
21. In another decision of this Court in State of Uttar Pradesh
vs. Ram Kumar & Ors.9
, it is held that minor discrepancies in
the statement of witnesses of trivial nature cannot be a ground to
reject evidence as a whole. The Court relied upon the exposition
of Brahm Swaroop & Anr. vs. State of Uttar Pradesh10. In
paragraph 32 of the said decision, the Court observed, thus :
“32. It is a settled legal proposition that while
appreciating the evidence of a witness, minor
discrepancies on trivial matters, which do not affect the
core of the prosecution’s case, may not prompt the court
to reject the evidence in its entirety. “Irrelevant details
which do not in any way corrode the credibility of a
witness cannot be labelled as omissions or
contradictions.” Difference in some minor details, which
does not otherwise affect the core of the prosecution
case, even if present, would not itself prompt the court to
reject the evidence on minor variations and
discrepancies. After exercising care and caution and
sifting through the evidence to separate truth from
untruth, exaggeration and improvements, the court
comes to a conclusion as to whether the residuary
evidence is sufficient to convict the accused. Thus, an
undue importance should not be attached to omissions,
contradictions and discrepancies which do not go to the
heart of the matter and shake the basic version of the
prosecution witness. As the mental capabilities of a
human being cannot be expected to be attuned to absorb
all the details, minor discrepancies are bound to occur in
the statements of witnesses. (See State of U.P. v. M.K.
Anthony, State of Rajasthan v. Om Prakash, State v.
Saravanan and Prithu v. State of H.P.)”
9
(2017) 14 SCC 614
10 (2011) 6 SCC 288
23
22. The socalled deficiencies pointed out by the appellants in
the investigation or the prosecution case, in our opinion, are
insignificant and trivial and cannot be the basis to reject the
whole evidence of Bishan Singh (PW1) and Baljit Singh (PW2)
which is corroborated by the other evidence in the form of
medical reports and recovery of human blood stained soil from
the spot near the hospital where Mohar Pal was assaulted by the
accused. The fact that the blood group of the human blood
stained soil cannot be ascertained, can be no basis to discard
that piece of evidence. Even the recovery of weapon used by
Rohtas (Accused No.1) during the commission of the offence
reinforces the role and involvement of the appellants in the
commission of the crime. The quality substantive evidence on
record clearly establishes the guilt of the appellants.
23. In a recent decision in Dilawar Singh & Ors. vs. State of
Haryana11, the Court restated that while analysing the evidence
of eye witnesses, it must be borne in mind that there is bound to
be variations and difference in the behaviour of the witnesses or
their reactions from situation to situation and individual to
individual. There cannot be uniformity in the reaction of
11 (2015) 1 SCC 737
24
witnesses. The Court must not decipher the evidence on
unrealistic basis. There can be no hard and fast rule about the
uniformity in human reaction. The difference in the statements
of the prosecution witnesses about the conditions of Mohar Pal
when he was admitted in the hospital, therefore, does not take
the matter any further especially when the medical reports
clearly indicate that he was admitted in the hospital in semiconscious state and was declared dead by the doctor only
thereafter.
24. As regards, the delay in registration of FIR, that aspect has
also been considered by the Trial Court and the finding recorded
by the Trial Court rejecting that defence plea found favour with
the High Court. We see no reason to deviate from the conclusion
so recorded that there was no delay in registration of FIR in the
facts of the present case. The significance of registration of FIR
without loss of time need not be underscored. This Court in
State of Andhra Pradesh vs. M. Madhusudhan Rao12, while
dealing with similar arguments, observed in paragraph 30 as
follows :
12 (2008) 15 SCC 582
25
“30. Time and again, the object and importance of
prompt lodging of the first information report has been
highlighted. Delay in lodging the first information report,
more often than not, results in embellishment and
exaggeration, which is a creature of an afterthought. A
delayed report not only gets bereft of the advantage of
spontaneity, the danger of the introduction of a coloured
version, an exaggerated account of the incident or a
concocted story as a result of deliberations and
consultations, also creeps in, casting a serious doubt on
its veracity. Therefore, it is essential that the delay in
lodging the report should be satisfactorily explained.”
25. In the present case, there has been no delay as is evident
from the contemporaneous record. Mohar Pal was admitted in
hospital immediately after the incident and was examined by Dr.
Ramesh. Mohar Pal was declared dead at 11.00 p.m. The City
Police Station was informed by the doctor at 11.30 p.m.
Thereafter, Bishan Singh (PW1) complained to ASI Gian Singh
(PW5) near hospital building and finally the FIR was registered
at 0015 hrs. on the night between 25th and 26th April, 1998. In
Kishan Singh (Dead) Through LRs vs. Gurpal Singh & Ors.13
,
This Court had observed as follows :
“22. In cases where there is a delay in lodging an FIR, the
court has to look for a plausible explanation for such
delay. In the absence of such an explanation, the delay
may be fatal. The reason for quashing such proceedings
may not be merely that the allegations were an
afterthought or had given a coloured version of events. In
such cases the court should carefully examine the facts
before it for the reason that a frustrated litigant who
failed to succeed before the civil court may initiate
criminal proceedings just to harass the other side with
13 (2010) 8 SCC 775
26
mala fide intentions or the ulterior motive of wreaking
vengeance on the other party. Chagrined and frustrated
litigants should not be permitted to give vent to their
frustrations by cheaply invoking the jurisdiction of the
criminal court. The court proceedings ought not to be
permitted to degenerate into a weapon of harassment
and persecution. In such a case, where an FIR is lodged
clearly with a view to spite the other party because of a
private and personal grudge and to enmesh the other
party in long and arduous criminal proceedings, the
court may take a view that it amounts to an abuse of the
process of law in the facts and circumstances of the case.
(Vide Chandrapal Singh v. Maharaj Singh; State of
Haryana v. Bhajan Lal; G. Sagar Suri v. State of U.P.; and
Gorige Pentaiah v. State of A.P.)”
26. In view of the above, we have no hesitation in upholding the
view taken by the Trial Court that there was no delay in
registration of the FIR in the fact situation of the present case.
27. We are also in agreement with the view taken by the Trial
Court and affirmed by the High Court that the defence had taken
selfcontradictory stand. First, it was asserted that Mohar Pal
sustained injuries in the first incident which had occurred at
6.30 p.m. on the same evening. However, no evidence in support
of that plea was forthcoming. Then, the alternative plea taken by
the defence was that Mohar Pal was, in fact, injured at some
other place near Anaj Mandi and was brought in a threewheeler
to the hospital. Even this plea of the accused has been held to be
figment of imagination and without any evidence in support
thereof. On the other hand, the prosecution has produced
27
evidence in the form of human blood soiled mud from the spot
near the hospital where the incident in question had occurred as
stated by Bishan Singh (PW1) and Baljit Singh (PW2).
28. Even the fact that the accused have been acquitted in the
crosscases filed with regard to the first incident which took place
at 6.30 p.m. on the same evening will not take the matter any
further for the appellants. That was an independent incident
whereas the finding of guilt recorded against the appellants is
concerning the incident which had taken place at 8.30 p.m. near
the Government Hospital, Palwal as proved by the prosecution
witnesses. In fact, the incident at 8.30 p.m. was the counter
blast of the fight which had taken place between two groups at
6.30 p.m. and the previous enmity between them. The fact that
there is no evidence about the previous enmity and that no
evidence is produced by the prosecution in that regard, in our
view, cannot be the basis to reverse the concurrent view taken by
two Courts below recording finding of guilt against the
appellants for commission of offence to assault Mohar Pal near
the Government Hospital, Palwal at around 8.30 p.m. on 25th
April, 1998.
28
29. Taking any view of the matter, therefore, no interference is
warranted in this appeal and we are disposed to dismiss the
same. Accordingly, this appeal is dismissed. The bail bonds of
the appellants stand cancelled. The appellants shall surrender
within four weeks from today failing which, the local police
station must take necessary action against the appellants in
accordance with law.
………………………..,…..J.
(A.M. Khanwilkar)
………………………..,…..J.
(Dinesh Maheshwari)
New Delhi;
November 5, 2019
